Finatical Software Terms of Use

Introduction.

These are the Terms and Conditions of Service (the “Terms”) for the website located at Finaticalsoftware.com (the “Site”), including its sub-domains and its mobile optimized versions, along with any products and services offered thereby. These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference finaticalsoftware.com/privacy

The Site and appertaining products and services are provided by Finatical Software Inc. (“FinaticalSoftware”). The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, Finatical Software and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.

Services.

Finatical Software offers reporting and accounting software solutions to organizations (collectively, called the “Service(s)”).

Acceptance.

If you continue to browse and use any of the Finatical Software Services, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern Finatical Software’s relationship with you in relation to the Site, along with any products and services offered thereby.

Updates.

Finatical Software reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site, the Products and the Services, at any time and without notice. Any changes will be displayed in the Site, and we may notify you by email. Please refer to the last effective date where changes were last undertaken by us.

Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Support Services.

If you have any questions or complaints regarding the Site, the Products or the Services, please contact us as indicated in our contact web page. We may offer live-chat services where you will be able to chat with one of our customer support representatives. You are also able to log a case by sending an email to support@finaticalsoftware.com We will undertake all commercially reasonable efforts in order to respond as quickly as possible. You must provide us full details of your service query so that we can clearly identify your issue of concern.

Payments.

You must provide us valid and current billing information. Except when required by law, all purchases are refundable at the Service providers discretion and will be evaluated on a case by case basis. If we detect any chargeback or if any payment is not received by us for any reason from your card or account, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.

You hereby authorize us the charging of your credit card or payment processing account. In connection thereto, we will submit period charges without further authorization from you, and such authorization shall remain effective until the subscription is cancelled by you.

We use a worldwide accepted third-party payment processor to bill you through a payment account linked to your account. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processor. Finatical Software is not responsible for any and all errors, fees and currency conversions fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.

Account Registration and Security.

In order to use our Products or Services, you may need to create an account, including all mandatory fields on the registration form. You must provide accurate and complete information. You agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential and must notify us immediately of any breach of security or unauthorized use of your account.

Account Suspension, Termination.

Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without responsibility.

We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use Finatical Software, or if you suspect a breach of security or unauthorized use of your account.

You acknowledge and agree that we may report any activity that we believe may violate any law-to-law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Products or our Services.

Service Eligibility.

Finatical Software encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. Finatical Software does not knowingly provide its Products or Services to persons under the age of eighteen (18). If you are under such age, you may only use the Services under the direct supervision of your parent or legal guardian. Finatical Software does not knowingly collect any kind of information from any person under the age of eighteen (18) and will delete any related information thereto.

Prohibited Activities.

As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site, the Products or the Services in order to:

Infringe these Terms, or allow, encourage or facilitate others to do so.
Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
Use any automated or manual process to obtain, copy, process, access and/or use our Site, Products or Services or any part therefrom to capture unauthorized data or content, for any purpose.
Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from Finatical Software or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
Use the Site, Products or Services to disseminate any type of computer viruses, worms, defects, trojan horses or other items of a destructive nature.
Undertake any action that will or may cause an unreasonable load on Finatical Software’ and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from Finatical Software.
Intercept or monitor activity via our Site, Products or Services without our express authorization.
Otherwise reverse engineer, decompile or extract the proprietary code of the Site, Products or Services.

Ownership.

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site, the Products or the Services are the property of or otherwise are licensed to Finatical Software or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in Finatical Software, the Site, the Products or the Services, in whole or in part.

For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States of America and other applicable jurisdictions.

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site, the Products or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

Licenses for Finatical Software.

Depending on the licensing plan you select Finatical Software grants you a non-exclusive, revocable and non-transferable license to utilize and access any purchased Products or Services. You are prohibited from duplicating, re-engineering, reverse engineering or modifying our Products or Services, in whole or in part. Finatical Software does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded software and computer applications, in whole or in part.

Representations and Warranties.

Finatical Software Inc. warrants and represents that it is the copyright holder of the Software and that granting you the right to license to use this Software and Services is not in violation of any other agreement, copyright or applicable statute.

Term and Termination.

The term hereof shall begin on the first date of: (i) your initial access to the Site; (ii) your first access or use of any Products or Services; or (iii) Finatical Software begins providing its Services to you either on a paid or trial basis.
The term hereof will automatically end on the earlier date of either: (i) account deactivation, suspension, freezing or deletion of any Products or Services; (ii) access termination or access revocation for our Services, Products; (iii) Finatical Software’ termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Finatical Software to you from time to time; or (v) Finatical Software’ decision to make the Site, the Products or the Services no longer available for use, at its sole and final discretion.

Termination by you Without Cause.

You may terminate your subscription at any time by cancelling the subscription of your service.

Termination for cause by Finatical Software.

These Terms, along with any and all licenses granted hereof may or will automatically terminate if you breach any of the terms and conditions contained herein. Upon termination for breach, your rights to use our Site, Products or Services and any information provided or generated thereby shall cease and you shall not be entitled to any compensation, credit, remedy or refund of any nature.

Third Party Links.

The Site, the Products and the Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites, products or services.

User Privacy.

By disclosing any data and personally identifying information to us, you agree to our Privacy Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Privacy Policy.

No Warranty

Neither Finatical Software, nor its affiliates, subsidiaries, officers, employees and agents warrant that the Site, the Products or the Services will be error-free, uninterrupted, secure, or produce any particular results. No advice or information given by Finatical Software or its employees, affiliates, contractors and/or agents shall create a guarantee. The Site, the Products and the Services have not been completely tested in all situations or devices, and they may or could contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.

To the fullest extent permissible under applicable law, the Site, the Products and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by Finatical Software, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty, nor will they be responsible for any actions or omissions of yours regarding the use of the Products and Services, such as incorrect input, format or backup of data and metadata, lost data or corrupted data.

The entire risk of satisfactory quality and performance resides with you. Finatical Software, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.

Disclaimer of Damages

In no event shall Finatical Software, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site, the Products or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Finatical Software, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Limitation of Liability

In no event shall Finatical Software’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$50.00 (Fifty United States Dollars); and henceforth any award for direct, provable damages shall not to exceed such total amount.

These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. For purposes of this limitation of liability, Finatical Software’ affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.

Indemnification

You hereby agree and acknowledge to indemnify, hold harmless, and defend Finatical Software, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Finatical Software’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Finatical Software’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Finatical Software); and/or (ii) any third party claim arising out of or in relation to the Site, the Products or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site, the Products or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.

Events outside of Finatical Software’s Control.

In no event shall Finatical Software be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, force majeure, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that Finatical Software shall use reasonable commercial efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.

Governing Language.

From time to time, our Terms may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of our Products, Site or Services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.

General Agreement

Assignment. These Terms will inure to the benefit of any successors of the parties.

Entire Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.

Equitable remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, Finatical Software will be irreparably damaged, and therefore you agree that Finatical Software shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Export Controls. You will comply with all applicable export laws and restrictions and regulations of the US Department of Commerce or other United States or foreign agency or authority, and you will not use the Services to export, or allow any export or re-export services in violation of any such restrictions, laws or regulations. You represent and warrant to Finatical Software that you are not a prohibited party or located in, under the control of, or a national or resident of any restricted country, and that you will otherwise comply with all applicable export control laws. If you reside outside the United States, then in addition to complying with the foregoing, you will comply with any relevant export control laws in your local jurisdiction.

Newsletters. The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.

No Waiver. Failure by Finatical Software to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and Finatical Software are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Notices. All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. All communications must be sent to the respective parties to such address, facsimile number or electronic mail address as subsequently indicated by each party. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect.

Taxes. You are responsible for complying with all tax obligations associated with your account. It is important that you keep complete and accurate contact details in order for us to remit invoices, especially payment processing account details.

No Waiver. Failure by Finatical Software to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

Applicable Law, Waiver, Dispute Resolution

Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Finatical Software shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Finatical Software, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.

Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the state Pennsylvania in the United States of America, without regard to conflict of law principles.

Arbitration Procedure. In the event of any dispute or difference between the parties in relation to or arising from these Terms, including but not limited to the formation, performance, interpretation, nullification, termination or invalidation thereof, the matter shall be referred to arbitration procedure.

Any arbitration shall be managed by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Mediation Procedures. The arbitration shall be conducted in the English language in the city and state where Finatical Software Inc. operates in the United States of America, in accordance with the provisions set forth in the Rules of the AAA. The arbitral tribunal shall comprise of one (1) arbitrator, appointed by the AAA, who shall preside the arbitral tribunal. The arbitrator’s decision will follow these Terms and will be final and binding.

The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120 days) following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, costs, and disbursements in doing so. The unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

If you bring a dispute in a manner other than in accordance with this section, you will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.
Contact

If you have any questions or queries about us, the Site, the Products, our Services, or these Terms, please contact us as indicated in our contact page: finaticalsoftware.com/contact